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"The Court understands that NSA expects that it will continue to provide on average approximately three telephone identifiers per day to the FBI,” reads a footnote in a 2007 court order (PDF) authored by FISC Judge Frederick Scullin, Jr.
A similar footnote from a November 2006 court order refers to “two telephone numbers.” The “three” figure was continued until documents from March 2009, when the specific language changed to simply “information.” That month appears to have been a turning point between intelligence agencies and the FISC.
As we reported after the August 2013 release of declassified court documents, Judge Reggie Walton lambasted the government’s mistakes on the business records metadata collection program.
According to his newly released March 2009 FISC order (PDF), the court required the NSA to only access the vast metadata archive when there is a “reasonable, articulable suspicion [RAS] that the telephone identifier is associated with [REDACTED]” as of February 2009. (Presumably that association has something to do with a terrorism or national security threat.)
That same 2009 FISC order says that the government had not lived up to the court’s requirements.
A similar footnote from a November 2006 court order refers to “two telephone numbers.” The “three” figure was continued until documents from March 2009, when the specific language changed to simply “information.” That month appears to have been a turning point between intelligence agencies and the FISC.
As we reported after the August 2013 release of declassified court documents, Judge Reggie Walton lambasted the government’s mistakes on the business records metadata collection program.
According to his newly released March 2009 FISC order (PDF), the court required the NSA to only access the vast metadata archive when there is a “reasonable, articulable suspicion [RAS] that the telephone identifier is associated with [REDACTED]” as of February 2009. (Presumably that association has something to do with a terrorism or national security threat.)
That same 2009 FISC order says that the government had not lived up to the court’s requirements.
Link at OP.
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